SECTIONS 760-762 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 760-762

760. (a) If the board of supervisors of any county determines, by a
four-fifths vote of the membership of the board, that the
acquisition or contribution authorized under this section will
promote the interests of the county and the acquisition or
contribution is recommended in writing by the department, the board,
by resolution passed by a four-fifths vote of its members, may
proceed to do either or both of the following:
(1) Acquire any real property or interest needed for state highway
purposes and described in the department's written recommendation.
The board shall proceed, if necessary, to condemn the real property
or any interest therein. The title to the property or interest may be
taken in the name of the state or the county. The resolution of the
board is the only preliminary procedure required prior to the
acquisition of the property or interest, or to the commencement of a
condemnation proceeding, except that if the acquisition is by eminent
domain, the resolution shall be one that satisfies the requirements
of Article 2 (commencing with Section 1245.210) of Chapter 4 of Title
7 of Part 3 of the Code of Civil Procedure.
(2) Contribute bridges, fencing, money, labor, materials, and
appurtenances toward the construction of state highways within the
limits of the county.
(b) After the board has adopted the resolution described in
subdivision (a) and based on the terms of that resolution, the
department may proceed to condemn any real property or interest that
is described in both the department's recommendation and the board's
resolution.
(c) The acquisitions or contributions authorized under this
section shall be for the use of the state as provided in Section 762.

761. The expense of any such acquisition of real property or
interest therein, or of any such contribution, or of both, may be
charged to the general fund of the county, the road fund of the
county, or the district fund of the district benefited.

762. The State may receive and use the benefits provided under
section 760, and any money contributed by a county under that section
shall be paid into a State fund available for highway purposes and
designated by the board of supervisors in the resolution determining
such contribution.